Submission: AFSA Draft IGPG on Gambling Offences

ARITA has provided feedback to AFSA on its draft Inspector-General in Bankruptcy Practice Guidance (IGPG) on Gambling Offences under section 271 of the Bankruptcy Act 1966.

We welcome the draft guidance, particularly the inclusion of scenarios that assist stakeholders in understanding how gambling-related misconduct may be addressed in practice.

Our submission supports AFSA’s balanced approach but recommends several refinements for clarity and accuracy. These include reproducing the wording of section 271 within the guidance, aligning penalty references precisely with the Act, and making small corrections to scenario examples to avoid ambiguity about solvency and client trust accounts. We also suggest clearer wording on when evidence of gambling harm may be provided voluntarily versus when it must be supplied under formal request.

Taken together, we believe that these improvements will strengthen the guidance, ensuring it remains practical, legally precise, and a useful reference point for practitioners in supporting those affected by gambling harm while upholding enforcement obligations.

Read ARITA's Submission here.